Ajay Kumar and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ajay Kumar and 4 Others vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer of the applicants to quash the proceedings refused; however, if the applicants apply for bail before the concerned court within 30 days, it shall be considered and disposed of expeditiously in light of Satender Kumar Antil v. CBI, (2021) 10 SCC 773, and no coercive action shall be taken against the applicants for 30 days or till such bail application, whichever is earlier.

Issue for consideration

Whether the entire proceeding, including the summoning order dated 18.10.2025, in Criminal Complaint Case No. 969 of 2022 (Subhash Chandra Vishwakarma versus Ajay Kumar and others) under Sections 147, 323, 504 IPC should be quashed under Section 528 BNSS.

Court's answer

At this stage it cannot be said that prima facie no offence is made out against the applicants; all submissions at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court under Section 528 BNSS.

Ratio / Principle

The power under Section 528 BNSS may be exercised only where the Court finds failure of justice or misuse of judicial mechanism or procedure, or that the sentence or order was not correct, to prevent abuse of process or miscarriage of justice; therefore no interference with the proceedings is required.

Key takeaways

As protective relief, if the applicants apply for bail before the concerned court within 30 days, the application shall be considered and disposed of expeditiously in the light of the law laid down by the Apex Court in Satender Kumar Antil v. Central Bureau of Investigation, (2021) 10 SCC 773; and for 30 days from the decision or until the bail application is made, whichever is earlier, no coercive action shall be taken against the applicants in the complaint case.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.) disposed of an application under Section 528 BNSS (No. 46324 of 2025) seeking quashing of the entire proceeding including the summoning order dated 18.10.2025 in Criminal Complaint Case No. 969 of 2022 (Subhash Chandra Vishwakarma versus Ajay Kumar and others) under Sections 147, 323, 504 IPC, Police Station-Mahevaghat, District-Kaushambi, pending before the Additional Chief Judicial Magistrate, Kaushambi. The Court held that prima facie an offence is made out against the applicants and the submissions concern disputed questions of fact incapable of adjudication under Section 528 BNSS, a power exercisable only to prevent abuse of process or miscarriage of justice; accordingly the prayer was refused. As protective directions, bail applications made within 30 days were to be considered expeditiously in light of Satender Kumar Antil v. Central Bureau of Investigation, (2021) 10 SCC 773, and no coercive action was to be taken against the applicants for 30 days or till such bail application, whichever earlier.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 46324 of 2025

Ajay Kumar And 4 Others

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Guru Prasad
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

This application under Section 528 BNSS has been filed to allow instant application and quash the entire proceeding including summoning order dated 18.10.2025 of Criminal Complaint Case No. 969 of 2022 (Subhash Chandra Vishwakarma Versus Ajay Kumar and others) under Sections 147, 323, 504 IPC, Police Station-Mahevaghat, District-Kaushambi pending in the Court of learned Additional Chief Judicial Magistrate, Kaushambi.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 528 B.N.S.S. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Therefore, no interference is required.

Accordingly, prayer of the applicants is refused.

However, considering the prayer made by learned counsel for the applicants, it is directed that in case the applicants apply for bail before the concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case

NA528 No. 46324 of 2025

2

of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.

For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in Criminal Complaint Case No. 969 of 2022 (Subhash Chandra Vishwakarma Versus Ajay Kumar and others) under Sections 147, 323, 504 IPC, Police Station-Mahevaghat, District-Kaushambi.

With the above observations, this application under Section 528 B.N.S.S. is disposed of .

November 21, 2025 Shivani

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad